Amends TCA Title 37; Title 39 and Title 40.

This bill specifies that when sentencing a minor convicted as an adult, a court may impose a sentence less than the minimum under law; prohibits courts from sentencing juvenile offenders to life without the possibility of parole; and authorizes minors convicted as adults who served at least 20 years to file a motion for a sentence reduction. SENTENCING JUVENILE OFFENDERS CONVICTED AS ADULTS Under present law, after a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws, including local ordinances, of this state, the court, before hearing the petition on the merits, may transfer the child to the sheriff of the county to be held according to law and to be dealt with as an adult in the criminal court of competent jurisdiction. However, present law prohibits the district attorney general from seeking, as well as any child transferred under this provision from receiving, a sentence of death for the offense for which the child was transferred. This bill adds that a child transferred under such provision shall not be sentenced to life imprisonment without possibility of parole for the offense for which the child was transferred. FIRST DEGREE MURDER Under present law, first degree murder is: (1) A premeditated and intentional killing of another; (2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, arson, robbery, burglary, theft, kidnapping, aggravated abuse of an elderly or vulnerable adult, aggravated neglect of an elderly or vulnerable adult, aggravated child abuse, aggravated child neglect, or aircraft piracy; (3) A killing of another committed as the result of the unlawful throwing, placing, or discharging of a destructive device or bomb; (4) A killing of another in the perpetration or attempted perpetration of an act of terrorism; or (5) A killing of another in the perpetration or attempted perpetration of an aggravated rape, rape, rape of a child, or aggravated rape of child. Present law generally requires that a person convicted of first degree murder under (1)-(5) above is punished by death; imprisonment for life without possibility of parole; or imprisonment for life. However, if a person convicted of first degree murder under (4) and (5) was an adult at the time of commission of the offense, then present law requires the person to be punished by death or imprisonment for life without possibility of parole. This bill adds to the above provision that if a person convicted of first degree murder was a minor under 18 years of age at the time of commission of the offense, then the person must be punished by imprisonment for life or such other sentence as the sentencing judge determines to be in the interests of justice. ATTEMPTED FIRST DEGREE MURDER Present law provides that a person convicted of attempted first degree murder may be sentenced to imprisonment for life without possibility of parole if the court finds the person committed the offense against any law enforcement officer, correctional officer, department of correction employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter, who was engaged in the performance of official duties, and the person knew or reasonably should have known that the victim was a law enforcement officer, correctional officer, department of correction employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties. This bill limits the application of the above provision to a person convicted of attempted first degree murder who was an adult at the time of commission of the offense. SENTENCING WHERE DEATH PENALTY IS NOT SOUGHT Present law provides that in any first degree murder case in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury must fix the punishment in a separate sentencing proceeding, to determine whether the defendant must be sentenced to imprisonment for life without possibility of parole or imprisonment for life. Present law requires the sentencing proceeding to be conducted in accordance with law, excluding references to the death penalty. This bill adds to the above provision that in any first degree murder case in which the defendant was a minor at the time of commission of the offense, if the jury finds the defendant guilty of first degree murder, then a sentencing hearing must be conducted pursuant to the Tennessee Criminal Sentencing Reform Act of 1989 and: (1) The judge must sentence the defendant to imprisonment for life; or (2) The judge must impose such other sentence as the judge determines to be in the interests of justice. WHEN SENTENCING A MINOR CONVICTED AS AN ADULT, A COURT MAY IMPOSE A SENTENCE LESS THAN THE MINIMUM TERM REQUIRED UNDER LAW This bill adds a provision to the Tennessee Criminal Sentencing Reform Act of 1989 that provides, when sentencing a minor who has been convicted of a criminal offense, the judge may impose a sentence less than the minimum term required under law if the judge determines that a lesser sentence serves the interests of justice. MOTION TO REDUCE DURATION OF THE SENTENCE This bill authorizes an individual who meets the following criteria to file a motion for a reduced sentence: (1) Was convicted as an adult for an offense committed when the individual was a minor; (2) Was sentenced for the offense before July 1, 2023; and (3) Has been imprisoned for at least 20 years for the offense. If an individual files a motion to reduce the duration of the sentence, then this bill requires the court to conduct a hearing on the motion at which: (1) The individual who filed the motion must be present, unless the individual waives the right to be present. This requirement that the individual be present at the hearing is satisfied if the hearing is conducted by video conference; (2) The individual may introduce evidence in support of the motion; and (3) The state may introduce evidence in support of or in opposition to the motion. This bill provides that notice of a hearing must be provided to the victim of the criminal offense for which the individual seeks a reduction in the duration of the sentence pursuant to the Victims' Bill of Rights. Pursuant to this bill, following a hearing on a motion to reduce the duration of the sentence, the court may reduce the duration of a sentence imposed on an individual for an offense committed when the individual was a minor if the court determines that: (1) The individual is not a danger to the public; and (2) The interests of justice will be better served by a reduced sentence. This bill requires a court to consider 10 specific factors, along with any other factors the court deems necessary, when determining whether to reduce the duration of a sentence under this bill. This bill requires the court to issue its decision to grant or deny a motion to reduce the duration of a sentence in writing; and requires the decision to address the factors listed in the full text of this bill. This bill further provides: (1) If the court denies or grants, in part, a motion to reduce the duration of a sentence, then the individual may not file a second motion to reduce the duration of that sentence for three years; (2) If the court denies or grants, in part, a second motion to reduce the duration of a sentence, then the individual may not file a third motion to reduce the duration of that sentence for three years; and (3) A court is prohibited from holding a hearing on, or granting, a fourth or subsequent motion to reduce the duration of a sentence that an individual files concerning the same sentence. VICTIM'S RIGHT TO NOTIFICATION OF PROCEEDINGS This bill adds a hearing on a motion for reduction of the duration of a sentence to the list of proceedings and occurrences that a victim of a crime has the right to be informed of.